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(영문) 서울중앙지방법원 2015.12.04 2015고단5893
절도등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Larceny;

A. On June 3, 2015, around 09:15, the Defendant: (a) took advantage of the gaps in which the victim E was diving without visiting the telecom, and the surveillance was neglected, resulting in theft of one copy of the card (Account Number F) of the National Bank owned by the victim.

B. On June 3, 2015, the Defendant: (a) around 09:16, at the cash withdrawal machine located in 67-gil 8, Gwanak-gu, Seoul Special Metropolitan City, the Defendant was above.

As stated in paragraph (1), a total of KRW 900,000 was withdrawn and stolen on three occasions using a stolen card.

C. On June 3, 2015, the Defendant: (a) around 10:04, at the cash withdrawal machine of one bank located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant:

The amount of cash 2,00,000 won was withdrawn and stolen on two occasions by using a port and stolen card. D.

On June 3, 2015, the Defendant: (a) around 11:31, 2015, at the cash withdrawal of the bank located in 347, Gwanak-gu, Seoul Special Metropolitan City.

As stated in paragraph (1), 1,000,000 won in cash was withdrawn and stolen using a stolen card.

2. On June 3, 2015, around 11:43, 2015, the Defendant used computers, etc., at the cash withdrawal at a new forest, South-North branch of a national bank located in 137, Seoul Special Metropolitan City, the following 1-A.

As stated in paragraph (1), after inputting a password by using a stolen card, 23,690,000 won in total were entered into the agricultural bank account (G) in the name of the defendant, and processed information without authority in the computer or any other information processing device, and acquired financial benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement to E by the police;

1. Details of transactions, entry and withdrawal details, and application of each photographic Act and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment for a crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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